PROPERTY LAWYERS IN JOHANNESBURG AND CAPE TOWN
– Request a property inspection with Julies Attorneys before you sign the Offer to Purchase –
WHAT IS PROPERTY LAW?
Property law is the laws and regulations governing the ownership, use, and transfer of real property (land and buildings) in the country. It includes various aspects such as buying, selling, renting, leasing, mortgages, and property development.
The primary legislation that regulates property law in South Africa is the Alienation of Land Act of 1981, which sets out the procedures for buying and selling property. Other relevant legislation includes the National Credit Act, which regulates the granting of mortgages, and the Sectional Titles Act, which governs the ownership and management of properties in sectional title schemes.
Property law also deals with issues related to land reform, which aims to address the historical injustices of the past by redistributing land to previously disadvantaged groups.
Property law can be complex, and it is advisable to seek legal advice before buying, selling or leasing any property in South Africa.
A landlord can only evict a tenant under specific circumstances as outlined in the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE).
The landlord must follow the correct legal process to evict the tenant. This includes giving the tenant notice and an opportunity to rectify the breach before proceeding with the eviction. The notice must also be served in the correct manner, and the landlord must apply to the court for an eviction order.
It is also worth noting that the tenant has a right to challenge the eviction, and the court may decide whether it is fair and reasonable in all circumstances.
Buyers and lessees of a property will always be in demand in the property market. This means that people who wish to rent or buy property will always have a solid ability to negotiate the terms of their sale or lease agreements. But lessees and buyers often need to be aware of their rights and, at other times, cannot negotiate with a seller or landlord.
The Rental Housing Amendment Act 35 of 2014 (RHA) aims to protect tenants’ rights and ensure fair practices in the rental market. It is essential to remember that the RHA is not the only legislation affecting the rental market, and other laws and regulations may also apply.
Buying a home or any other immovable property starts with the Offer-to-Purchase. Until both parties sign the Offer-To-Purchase, it is considered a non-binding document, meaning either party can withdraw from the deal without legal consequences.
Each sale agreement is unique, and it is crucial that a specialist property attorney, such as a conveyancer, review and discuss the terms of your Offer-to-Purchase, with you, before signing. Julies Attorneys are registered conveyancers and property specialists who will review your offer-to-purchase.
Many buyers in South Africa are first-time buyers and often feel overwhelmed by buying a home. Before signing this contract, the buyer must read and understand the Offer-to-Purchase. Once the buyer signs the Offer-to-Purchase contract, there is little room to change its terms. Once signed, the buyer is forced to comply with the terms of the Offer-to-Purchase or pay substantial amounts as damages and penalties to the Seller should non-compliance with the Offer-to-Purchase occur. The buyer must have an attorney review the Offer-To-Purchase before it is signed. Julies Attorneys are registered conveyancers and will gladly review and explain the terms of an Offer-to-Purchase and provide advice during the negotiations of buying a home.
It is required by law that all Sellers disclose any defects to the buyer before the buyer makes a final decision on the sale of a home. Often Sellers need to be made aware of hidden defects of the house they sell. Therefore, the buyer must have a professional inspection done that could identify areas of maintenance and weaknesses.
Julies Attorneys work with industry experts in the electrical, plumbing and construction areas, who can provide additional information to buyers and sellers of homes. This can significantly strengthen a party’s negotiation power and indicate a property’s actual value.
Sectional titles property refers to a type of property ownership in which an individual owns a specific section of a larger property, such as an apartment or townhouse, and shares common areas with other sectional title owners. The common areas of the sectional title property include the grounds and entire premises, the gardens, parking areas, walls, walkways and all facilities that all the residents and owners share in the property of the sectional title, such as staircases, elevators and more. Often, the management of the common areas becomes contentious areas of disagreement.
Julies Attorneys are registered conveyancers and sectional titles property specialists with years of experience in resolving disputes and advising on sectional titles.
